Soldier's Rights

Military rights for soldiers are usually found within military regulations. However, many soldiers are unaware of their rights when dealing with military situations and this can lead to legal questions on soldier’s rights, military rights waiver and other related issues. Below are a few commonly asked military legal questions about soldier’s rights, answered by the Experts.

What rights would a soldier have if they were forced into a position that they are not ready for? The soldier has told the command that he was not ready for the position.

Usually, this will depend on the actions of the commander. If the commander was trying to intentionally put you in a situation, knowing that you were not prepared, it is possible for you to file an Article 138, UCMJ complaint.

Article 138 is one of the most powerful rights under the Uniform Code of Military Justice (UCMJ), but it is one of the rights least known and least used by military personnel. Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made and a superior officer must "examine into the complaint."

Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.

Matters appropriate to address under Article 138 include discretionary acts or omissions by a commander that adversely affect the member personally and are:

In violation of law or regulation

Beyond the legitimate authority of that commander

Arbitrary, capricious, or an abuse of discretion, or

Clearly unfair (e.g., selective application of standards).

Before you file an Art 138, you need to be sure that your commander wasn't just trying to determine your leadership skills by testing your ability. Usually, a commander will avoid bringing unfavorable actions against himself/herself. You should consider talking Jag before you file. They will listen to the events and help you determine if filing a complaint is necessary.

Is military personnel required to repay over payments while they were AWOL?

The military isn't required to pay you for unauthorized absences. This is probably why the military is requesting that you repay any money that you received while on UA. You should have been given an estimate of what you owe the military. If you disagree with the military, you can contest the findings. If you wish to view your records, you can request them here: http://www.archives.gov/st-louis/military-personnel/standard-form-180.html

It is possible that there was an error on your commands part and you could request that the debt be waived. Regardless of whether there has been an error, DFAS will try to collect the overpayment. You need to be able to show that there is an error in the payments and that the military was at fault. This may help you with the amount of money that is to be repaid.

What are a soldier's rights if he is forced into training with known medical issues and symptoms?

Usually, all you would have to do in a situation like this is let your commander know about your medical issues. The Battalion Commander will usually remove you from training if he/she is aware of your current medical situation. However, if you have attempted to explain your situation and are being ignored, you can file an Article 138, UCMJ complaint. Put the entire event in writing, giving full detail as to how your commander has ignored your medical needs. Once you have done this, you need to give it to any commissioned officer. The commanding General is required by law to review your case without delay.

What should a soldier do if he waives his rights to counsel while being questioned about a no contact order?

You need to avoid talking about this to anyone unless it is a TDS attorney. Usually if you tell an investigator that you wish to speak to an attorney, they will not question you further. Because an investigator generally doesn't question a person of interest until the end of their investigation, you should hear something soon, as far as any charges that may be placed against you. In the meanwhile, you need to continue your job, stay out of mischief and only speak about the incident with an attorney. You should also comply with the no contact order until you are notified to do otherwise.

What soldier's rights will a soldier have when claiming PTSD in the military?

The military will treat a soldier who has been diagnosed with Post Traumatic Stress Disorder (PTSD). The soldier will be discharged if they are unable to perform their military duties. If the PTSD is a result of activities during their service, they will usually be allowed to retire or be compensated for the disorder at the time of their separation from the military. The soldier would also be eligible for VA treatment.

Many soldiers wonder what their rights are when dealing with military regulations. There may be times when you want to know what your military rights are. If you find yourself in a difficult situation and need answers to tough military questions, you can ask an Expert for answers.

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Related questions

I'm currently an IET soldier at Ft Sam Houston and girlfriend is also an IET soldier and she has AIT here in a couple weeks. She got her orders to be stationed in Korea. We've been apart so long and she graduates AIT before me so I wanted to see if I could marry her as IET soldiers so I could get orders to Korea as well. Is there a way we could do this without it being frantenizing?

If I have a Soldier who is the subject of an Army IG investigation for falsifying a APFT Card. The IG would like to talk to him tomorrow. Should the Soldier talk or ask for legal consel. JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this? Customer: No JA: Anything else you want the lawyer to know before I connect you? Customer: No

How can a soldier in Afganistan who is the only living parent with minor children being cared for by 80 yr old grandma be sent home JA: Have you talked to anyone in the chain of command about this? Customer: no, he says it doesn't matter JA: Anything else you want the lawyer to know before I connect you? Customer: No, he just needs to get home.

Hi, I am an ex-spouse of a retired army soldier, we were married in 1980 and divorced in 1997, the last time we were together we were stationed at Aberdeen Proving Ground living on post. We had a hostile break up because he put me out of housing quarters so that his pregnant girlfriend could move in. He finally after his girlfriend had the baby sent me divorce papers. I have been informed that I am entitled to retirement pay because I have never been married again and I traveled with him for at least 11-12 years while he was in the military, do I qualify for anything under the 10/10 rule? JA: Are you overseas or stateside? Customer: stateside JA: Have you talked to anyone in the chain of command about this? Customer: whose chain of command? JA: Anything else you want the lawyer to know before I connect you? Customer: Yes, I was told by my ex that I was not entitled to anything unless he says I entitled, is that true?

Hello Mr. Simmons. I'm currently and IET soldier in AIT here in Ft Huachuca AZ and my component is the Army national guard. I have been suffering from depression, social anxiety and suicidal thoughts. I went to sick call for it and am now hoping for separation from the army. But my doctor said that it isn't up to the commander here in my company but instead the commander attached to my unit in my state since I'm in the national guard. Is this true and either way should I rather just wait until the doctor herself seems me unfit? I'm not sure what to do next because I'm certain that being in the military has been unhealthy for me.

At what point is a soldier entitled to receive legal advice once she is informed she is being separated under chapter 9? JA: Are you overseas or stateside? Customer: stateside JA: Have you talked to anyone in the chain of command about this? Customer: yes. my nco says he will not help me stay in or go to legal. My Sargeant told me if I win my case he will find another way to kick me out. JA: Anything else you want the lawyer to know before I connect you? Customer: no

Me and a friend ( soldier ) were given a piece of paper with guidelines on how a no contact order works, I never signed anything, he never signed anything, and the commander never signed anything, and my first sergeant is trying to get us for disobeying a order from acommissioned officer because he saw me and this other soldier in the gym together. We were given counseling statements and they where closed out meaning the plan of action had been completed about how are friendship looked. Legal told us to just abide by it until the change of command even though it wasn't really a no contact order. JA: Are you overseas or stateside? Customer: Overseas JA: Have you talked to anyone in the chain of command about this? Customer: Yes, the soldiers platoon sergeant and legal told the sergeant the same we were told. From what I've read in a regulation theres no such thing as "perception of adultery", just inappropriate relationship. JA: Anything else you want the lawyer to know before I connect you? Customer: He's in the process of a divorce and his mediation in on the 12th of January

Army Soldier Active Duty on leave with a 5-10% collapsed lung. Can't fly. Was hospitalized. JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this? Customer: I'm home with Mom & Dad JA: Anything else you want the lawyer to know before I connect you? Customer: I contacted my Seargents to let them know. I have a Surgeon appointment on Jan 2nd and that's when I'm supposed to go back to Ft Eustis VA